NOTICE TO CONTRACTORS CALLING FOR BIDS CITRUS COMMUNITY COLLEGE DISTRICT

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1 NOTICE TO CONTRACTORS CALLING FOR BIDS DISTRICT: PROJECT DESCRIPTION: DATE/TIME FOR SUBMITTAL OF BID PROPOSAL: PLACE FOR SUBMITTAL OF BID PROPOSALS: BID AND CONTRACT DOCUMENTS AVAILABLE AT: CITRUS COMMUNITY COLLEGE DISTRICT Bid # , Campus Center Flooring Asbestos Abatement, Tuesday, October 25, 2011 at 2:00 p.m. CITRUS COMMUNITY COLLEGE DISTRICT PURCHASING OFFICE Maintenance, Facilities, Purchasing, Warehouse Complex 1000 West Foothill Boulevard Glendora, California CITRUS COMMUNITY COLLEGE DISTRICT PURCHASING OFFICE Maintenance, Facilities, Purchasing, Warehouse Complex 1000 West Foothill Boulevard Glendora, California NOTICE IS HEREBY GIVEN that the above-named California Community College District, acting by and through its Board of Trustees, hereinafter the District will receive up to, but not later than the above-stated date and time, sealed Bid Proposals for the Contract for the Work of the Project generally described as: Bid # , Campus Center Flooring Asbestos Abatement 1. Submittal of Bid Proposals. All Bid Proposals shall be submitted on forms furnished by the District. Bid Proposals must conform with, and be responsive to, the Bid and Contract Documents, copies of which may be obtained from the District as set forth above. Only Bid Proposals submitted to the District prior to the date and time set forth above for the public opening and reading of Bid Proposals shall be considered. 2. Bid and Contract Documents. The Bid and Contract Documents are available at the location stated above for Zero Dollars ($0.00) per set. 3. Documents Accompanying Bid Proposal. Each Bid Proposal shall be accompanied by: (a) the required Bid Security; (b) Subcontractors List; (c) Non-Collusion Affidavit; and (d) Statement of Bidder's Qualifications. All information or responses of a Bidder in its Bid Proposal and other documents accompanying the Bid Proposal shall be complete, accurate and true; incomplete, inaccurate or untrue responses or information provided therein by a Bidder shall be grounds for the District to reject such Bidder's Bid Proposal for non-responsiveness. 4. Prevailing Wage Rates. Pursuant to California Labor Code '1773, the Director of the Department of Industrial Relation of the State of California has determined the generally prevailing rates of wages in the locality in which the Work is to be performed. Copies of these determinations, entitled A PREVAILING WAGE SCALE are maintained at the District's Administrative Offices located at 1000 West Foothill Boulevard, Glendora, California 91741, and are available to any interested party upon request. The Contractor awarded the Contract for the Work shall post a copy of all applicable prevailing wage rates for the Work at conspicuous locations at the Site of the Work. The Contractor and all Subcontractors performing any portion of the Work shall pay not less than the applicable prevailing wage rate for the classification of labor provided by their respective workers in prosecution and execution of the Work. Bid # Campus Center Flooring Asbestos Abatement Page 1 of 96

2 5. Contractor's License Classification. In accordance with the provisions of California Public Contract Code '3300, the District requires that Bidders possess the following classification(s) of California Contractors License Board at the time that the Contract for the Work is awarded: B General Building Contractor ASB Asbestos Certificate with DOSH License Any Bidder not so duly and properly licensed shall be subject to all penalties imposed by law. No payment shall be made for work, labor, materials or services provided under the Contract for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed to perform the Work. 6. Contract Time. Substantial Completion of the Work shall be 5 days after issuance of the Notice to Proceed. Failure to achieve Substantial Completion within the Contract Time shall subject the Contractor to assessment of Liquidated Damages for delayed Substantial Completion, as set forth in the Contract Documents. 7. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount not less than ten (10%) of the maximum amount of the Bid Proposal, inclusive of any additive alternate bid item(s). Failure of any Bid Proposal to be accompanied by Bid Security in the form and in the amount required shall render such Bid Proposal to be non-responsive and rejected by the District. 8. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of sixty (60) days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respective Bid Proposals. 9. Job-Walk. The District will conduct a Job-Walk for the Work. Bidders attendance at the Job-Walk is mandatory. The mandatory Job-Walk will be conducted beginning at: 10:00a.m., Thursday, October 13, Bidders are to meet at CITRUS COMMUNITY COLLEGE DISTRICT, PURCHASING OFFICE, 1000 West Foothill Boulevard, Glendora, California Substitute Security. In accordance with the provisions of California Public Contract Code '22300, substitution of eligible and equivalent securities for any monies withheld by the District to ensure the Contractor's performance under the Contract will be permitted at the request and expense of the Contractor and in conformity with California Public Contract Code ' The foregoing notwithstanding, the Bidder to whom the Contract is awarded shall have ten (10) days following action by the District's Board of Trustees to award the Contract to such Bidder to give its written request to the District to permit the substitution of securities for retention under California Public Contract Code ' The failure of such Bidder to make such written request to the District within said ten (10) day period shall be deemed a waiver of the Bidder's rights under California Public Contract Code ' Waiver of Irregularities. The District reserves the right to reject any or all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. 12. Award of Contract. The Contract for the Work, if awarded, will be by action of the District's Board of Trustees to the responsible Bidder submitting the lowest responsive Bid Proposal; on the basis of the Base Bid Proposal or on the Base Bid Proposal and any combination of Alternate Bid Items selected in accordance with the applicable provisions of the Instructions for Bidders. Robert Iverson Advertise: Wednesday, October 5, 2011 Director of Purchasing and Warehouse Wednesday, October 12, 2011 Bid # Campus Center Flooring Asbestos Abatement Page 2 of 96

3 Preparation and Submittal of Bid Proposal INSTRUCTIONS FOR BIDDERS Bid Proposal Preparation. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where so indicated in the bid forms; conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein are non-responsive and will be rejected. Bid Proposals not conforming to these Instructions for Bidders and the Notice to Contractors Calling for Bids (A Call for Bids) may be deemed nonresponsive and rejected. Bid Proposal Submittal. Bid Proposals shall be submitted at the place designated in the Call for Bids in sealed envelopes bearing on the outside the Bidder's name and address along with an identification of the Work for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Call for Bids. Date and Time of Bid Proposal Submittal. The District will place a date/time stamp machine in a conspicuous location at the place designated for submittal of Bid Proposals. A Bid Proposal is submitted only if the outer envelope containing the Bid Proposal is stamped by the District's date/time stamp machine; Bid Proposals not so stamped as timely submitted will be rejected and returned to the Bidder unopened. The date/time stamp is controlling and determinative as to the date and time of the Bidder's submittal of its Bid Proposal. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in the form of: (a) cash, (b) a certified or cashier's check made payable to the District or (c) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and a Surety as surety (the Bid Security) in an amount not less than the percentage of the maximum amount of the Bid Proposal. Any Bid Proposal submitted without the required Bid Security is non-responsive and will be rejected. If the Bid Security is in the form of a Bid Bond, the Bidder's Bid Proposal shall be deemed responsive only if the Bid Bond is in the form and content included herein and the Surety is an Admitted Surety Insurer under Code of Civil Procedure ' Documents Accompanying Bid Proposal; Signatures. The Bid Proposal must be submitted with: Bid Security, Subcontractors List, Statement of Qualifications and the Non-Collusion Affidavit. The Bid Proposal, Statement of Qualifications and the Non-Collusion Affidavit shall be executed by an individual duly authorized to execute the same on behalf of the Bidder. Any Bid Proposal not conforming with the foregoing may be rejected as being non-responsive. Modifications. Changes to the bid forms which are not specifically called for or permitted may result in the District's rejection of the Bid Proposal as being non-responsive. No oral or telephonic modification of any submitted Bid Proposal will be considered. A written modification may be considered only if actually received by the District prior to the scheduled closing time for receipt of Bid Proposals and the public opening thereof. Bid # Campus Center Flooring Asbestos Abatement Page 3 of 96

4 Erasures; Inconsistent or Illegible Bid Proposals. Bid Proposals must not contain any erasures, interlineations or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure, interlineation or correction the surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming with the foregoing may be deemed by the District to be non-responsive. If any Bid Proposal or portions thereof, is determined by the District to be illegible, ambiguous or inconsistent, whether by virtue of any erasures, interlineations, corrections or otherwise, the District may reject such a Bid Proposal as being nonresponsive. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense, inspect the Site to become fully acquainted with the Contract Documents and conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation with respect to the Bid Proposal, the Contract or the Work required under the Contract Documents. The District assumes no responsibility or liability to any Bidder for, nor shall the District be bound by, any understandings, representations or agreements of the District's agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract. The submission of a Bid Proposal shall be deemed prima facie evidence of the Bidder's full compliance with the requirements of this section. Withdrawal of Bid Proposal. Any Bidder may withdraw its Bid Proposal by either written request actually received by the District prior to the scheduled closing time for the receipt of Bid Proposals and the District's public opening and reading of Bid Proposals. A written notice of withdrawal of a submitted Bid Proposal received after the scheduled closing time for receipt of Bid Proposals or the District's public opening and reading of Bid Proposals shall not be considered by the District, nor effective to withdraw such Bid Proposal. Agreement and Bonds. The Agreement which the successful Bidder, as Contractor, will be required to execute along with the forms and amounts of the Labor and Material Payment Bond, Performance Bond and other documents and instruments which will be required to be furnished are included in the Contract Documents and shall be carefully examined by the Bidder. The required number of executed copies of the Agreement and the form and content of the Performance Bond and the Labor and Material Payment Bond and other documents or instruments required at the time of execution of the Agreement are specified in the Contract Documents. Interpretation of Drawings, Specifications or Contract Documents. Any Bidder in doubt as to the true meaning of any part of the Contract Documents; finds discrepancies, errors or omissions therein; or finds variances in any of the Contract Documents with applicable rules, regulations, ordinances and/or laws, a written request for an interpretation or correction thereof may be submitted to the District. It is the sole and exclusive responsibility of the Bidder to submit such request not less than seven (7) days prior to the scheduled closing for the receipt of Bid Proposals. Interpretations or corrections of the Contract Documents will be by written addendum issued by the District or the Architect. A copy of any such addendum will be mailed or delivered to each Bidder receiving a set of the Contract Documents. No person is authorized to render an oral interpretation or correction of any portion of the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such oral interpretation or correction. Failure to request interpretation or clarification of any portion of the Contract Documents pursuant to the foregoing is a waiver of any discrepancy, defect or conflict therein. Bid # Campus Center Flooring Asbestos Abatement Page 4 of 96

5 District's Right to Modify Contract Documents. Before the public opening and reading of Bid Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda disseminated to all Bidders who have obtained a copy of the Specifications, Drawings and Contract Documents pursuant to the Call for Bids. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected. Bidders Interested in More Than One Bid Proposal; Non-Collusion Affidavit. No person, firm, corporation or other entity shall submit or be interested in more than one Bid Proposal for the same Work; provided, however, that a person, firm or corporation that has submitted a sub proposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby disqualified from submitting a sub proposal, quoting prices to other Bidders or submitting a Bid Proposal for the proposed Work to the District. Award of Contract Waiver of Irregularities or Informalities. The District reserves the right to reject any and all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. Award to Lowest Responsive Responsible Bidder. The award of the Contract, if made by the District through action of its Board of Trustees, will be to the responsible Bidder submitting the lowest responsive Bid Proposal on the basis of the Base Bid Proposal or the Base Bid Proposal and Alternate Bid Items, if any, selected in accordance with these Instructions for Bidders. Alternate Bid Items Not Included in Award of Contract. Bidders are referred to the provisions of the Contract Documents permitting the District, during performance of the Work, to add or delete from the scope of the Work any or all of the Alternate Bid Items with the cost or credit of the same being the amount(s) set forth by in the Alternate Bid Items Proposal. Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal which conforms, in all material respects, with the Bid and Contract Documents. Responsible Bidder. A responsible Bidder is a Bidder who has the capability in all respects, to perform fully the requirements of the Contract Documents and the moral and business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered: (i) the ability, capacity and skill of the Bidder to perform the Work of the Contract Documents; (ii) whether the Bidder can perform the Work promptly and within the time specified, without delay or interference; (iii) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (iv) the quality of performance of the Bidder on previous contracts, by way of example only, the following information will be considered: (a) the administrative, consultant or other cost overruns incurred by the District on previous contracts with the Bidder; (b) the Bidder's compliance record with contract general conditions on other projects; (c) the submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects; (d) the Bidder's record for completion of work within the contract time and the Bidder's compliance with the scheduling and coordination requirements on other projects; (e) the Bidder's demonstrated cooperation with the District and other contractors on previous contracts; (f) whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents; (v) the previous and existing compliance by the Bidder with laws and ordinances relating to contracts; (vi) the sufficiency of the financial resources and ability of the Bidder to perform the work of the Contract Documents; (vii) the quality, availability and adaptability Bid # Campus Center Flooring Asbestos Abatement Page 5 of 96

6 Subcontractors of the goods or services to the particular use required; (viii) the ability of the Bidder to provide future maintenance and service for the warranty period of the Contract; (ix) whether the Bidder is in arrears on debt or contract or is a defaulter on any surety bond; (x) such other information as may be secured by the District having a bearing on the decision to award the Contract, to include without limitation the ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work of the Contract Documents and whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects. The ability of a Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder. Designation of Subcontractors; Subcontractors List. Each Bidder shall submit a list of its proposed Subcontractors for the proposed Work as required by the Subletting and Subcontracting Fair Practices Act (California Public Contract Code ''4100 et seq.) on the form furnished. The failure of any Bid Proposal to include all information required by the Subcontractors List will result in rejection of the Bid Proposal for non-responsiveness. Work of Subcontractors. All Bidders are referred to the Contract Documents and the notation therein that all Contract Documents are intended to be complimentary and that the organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting subbids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders' sub-bids which is/are necessary to produce the intended results and/or which are reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. Subcontractor Bonds. In accordance with California Public Contract Code '4108, if a Bidder requires a bond or bonds of its Subcontractor(s), whether the expense of procuring such bond or bonds are to be borne by the Bidder or the Subcontractor(s), such requirements shall be specified in the Bidder's written or published request for sub-bids. Failure of the Bidder to comply with these requirements shall preclude the Bidder from imposing bonding requirements upon its Subcontractor(s) or rejection of a Subcontractor's bid under California Public Contract Code '4108(b). Workers' Compensation Insurance. Pursuant to California Labor Code '3700, the successful Bidder shall secure Workers' Compensation Insurance for its employees engaged in the Work of the Contract. The successful bidder shall sign and deliver to the District the following certificate prior to performing any of the Work under the Contract: "I am aware of the provisions of '3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that Code and I will comply with such provisions before commencing the performance of the Work of the Contract." The form of such Certificate is included as part of the Contract Documents. Bid Security Return. The Bid Security of three or more low Bidders, the number being solely at the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Bid # Campus Center Flooring Asbestos Abatement Page 6 of 96

7 Job-Walk Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder(s) of the bonds, certificates of insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them. Forfeiture of Bid Security. If the Bidder awarded the Contract fails or refuses to execute the Agreement within fifteen (15) calendar days from the date of receiving notification that it is the Bidder to whom the Contract has been awarded, the District may declare the Bidder's Bid Security forfeited as damages caused by the failure of the Bidder to enter into the Contract and may thereupon award the Contract for the Work to the responsible Bidder submitting the next lowest Bid Proposal or may call for new bids, in its sole and exclusive discretion. Contractor's License. No Bid Proposal will be considered from a Bidder who, at the time Bid Proposals are opened, is not licensed to perform the Work of the Contract Documents, in accordance with the Contractors License Law, California Business & Professions Code ''7000 et seq. This requirement is not a mere formality and will not be waived by the District or its Board of Trustees. The required California Contractor's License classification(s) for the Work is set forth in the Call for Bids. Anti-Discrimination. It is the policy of the District that there be no discrimination against any prospective or active employee engaged in the Work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. All Bidders agree to comply with the District's anti-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code ''12940 et seq. and California Labor Code '1735. In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the Work of the Contract. Bidder's Qualifications. Each Bidder shall submit with its Bid Proposal the form of Statement of Bidder's Qualifications which is included within the Contract Documents. All information required by Statement of Bidder's Qualifications shall be completely and fully provided. Any Bid Proposal not accompanied by the Statement of Bidder's Qualifications completed with all information required and bearing the signature of the Bidder's duly authorized representative under penalty of perjury will render the Bid Proposal non-responsive and rejected. If the District determines that any information provided by a Bidder in the Statement of Bidder's Qualifications is false or misleading, or is incomplete so as to be false or misleading, the District may reject the Bid Proposal submitted by such Bidder as being non-responsive. District Conduct of Job-Walk. The District will conduct a Job-Walk at the time and place designated in the Call for Bid. Regardless of whether or not the Job-Walk is designated as being mandatory, the District may, in its sole and exclusive discretion, elect to conduct one or more Job-Walk(s) in addition to that set forth in the Call for Bids, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Call for Bids of any such additional Job-Walk. If the District elects to conduct any Job-Walk in addition to that set forth in the Call for Bids, the District shall, in its notice of any such additional Job-Walk(s), indicate whether Bidders' attendance at such additional Job-Walk(s) is/are mandatory. Mandatory Job-Walk. The failure of any Bidder to have its authorized representative present at a Mandatory Job-Walk will render the Bid Proposal of such Bidder to be non-responsive. Where the Job-Walk is mandatory, a Bidder may have more than one authorized representative and/or Bid # Campus Center Flooring Asbestos Abatement Page 7 of 96

8 representatives of its Subcontractors present at the Job-Walk; provided, however that attendance by representatives of the Bidder's Subcontractors without attendance by a representative of the Bidder shall not be sufficient to meet the Bidder's obligations hereunder and will render the Bid Proposal of such Bidder to be non-responsive. The District will reject the Bid Proposal of a Bidder who obtains the Bid and Contract Documents after the date of the mandatory Job-Walk unless a Job-Walk is requested by such Bidder and a Job-Walk is conducted by the District in accordance with the following provisions. The District may, in its sole and exclusive discretion, conduct such requested Job-Walk taking into consideration factors such as the time remaining prior to the scheduled opening at Bid Proposals. Any such requested Job Walk will be conducted only upon the requesting Bidder's agreement to reimburse the District for the actual and/or reasonable costs for the District's staff and its agents and representatives in arranging for and conducting such additional Job-Walk. Non-Mandatory Job-Walk. Unless designated in the Call for Bids as being mandatory, attendance at the Job-Walk is not mandatory; the failure of any Bidder to have its authorized representative(s) present will not be a basis for deeming the Bid Proposal of such Bidder to be non-responsive, but all Bidders are encouraged to attend the Job-Walk. If the Job-Walk is not mandatory, Bid and Contract Documents may be obtained by a Bidder, on or after the time designated for the Job- Walk; in such event, if such Bidder desires a Job-Walk to be conducted, it is the sole responsibility of such Bidder to request, in writing, that the District conduct an additional Job-Walk. If an additional Job-Walk is requested by a Bidder pursuant to the foregoing sentence, the District may, in its sole and exclusive discretion, elect to conduct or not conduct such requested Job-Walk with consideration of factors such as the time remaining before the scheduled closing time for the receipt of Bid Proposals; the District may condition the conducting of such requested Job-Walk upon reimbursement, by the Bidder requesting such Job-Walk, of the actual or reasonable costs of the District's personnel and/or the District's agents or representatives in arranging for and conducting such Job-Walk. The election of the District not to conduct a Job-Walk requested by a Bidder obtaining the Contract Documents after the date and time designated in the Call for Bids for the Job-Walk shall not operate to waive, limit or restrict any of the provisions of the Contract Documents, the Bidder's submittal of a Bid Proposal in conformity with the Contract Documents, or if awarded the Contract, performance of the Work and other obligations in strict conformity with the Contract Documents. If the District elects to conduct an additional Job-Walk requested by a Bidder who has obtained the Contract Documents after the time designated in the Call for Bids for the Job-Walk, the District shall notify all other Bidders who have theretofore obtained the Contract Documents of such requested Job-Walk and the date, time and place where such requested Job- Walk will be conducted and all such other Bidders may attend such requested additional Job-Walk. Request for Substitutions Prior to Bid Opening. Any Bidder may submit a Request(s) for a Substitution on the form provided herein, together with all substantiating data, no later than seven (7) days prior to the scheduled closing time for receipt of the Bid Proposals, in accordance with Public Contract Code The District shall use its best efforts to consider and act upon such Request for Substitution in a timely fashion. Actions taken, if any, concerning the Request for Substitution will be by written addendum issued by the District, a copy of which will be sent to each Bidder who attends mandatory pre-bid job walk or is a registered plan holder. In the absence of written addendum, the Request for Substitution shall be deemed denied for purposes of the District s evaluation of the Bid Proposals. Public Records. Bid Proposals and other documents responding to the Call for Bids become the exclusive property of the District upon submittal to the District. At such time as the District issues he Notice of Intent to award the Contract pursuant to these Instructions for Bidders, all Bid Proposals and other Bid # Campus Center Flooring Asbestos Abatement Page 8 of 96

9 documents submitted in response to the Call for Bids become a matter of public record and shall be thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code '3426.1) and information provided in response to the Statement of Qualifications. A Bidder that indiscriminately marks all or most of its Bid Proposal as exempt from disclosure as a public record, whether by the notations of "Trade Secret," "Confidential," "Proprietary," or otherwise, may result render the Bid Proposal nonresponsive and rejected. The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of the District or its officers, employees or agents. At such time as Bid Proposals are deemed a matter of public record, pursuant to the above, any Bidder or other party shall be afforded access for inspection and/or copying of such Bid Proposals, by request made to the District in conformity with the California Access to Public Records Act, California Government Code ''6250, et. seq. If the District is required to defend or otherwise respond to any action or proceeding wherein request is made for the disclosure of the contents of any portion of a Bid Proposal deemed exempt from disclosure hereunder, the Bidder submitting the materials sought by such action or proceeding agrees to defend, indemnify and hold harmless the District in any action or proceeding from and against any liability, including without limitation attorneys' fees arising therefrom. The party submitting materials sought by any other party shall be solely responsible for the cost and defense in any action or proceeding seeking to compel disclosure of such materials; the District's sole involvement in any such action shall be that of a stakeholder, retaining the requested materials until otherwise ordered by a court of competent jurisdiction. Drug Free Workplace Certificate. In accordance with California Government Code ''8350 et seq., the Drug Free Workplace Act of 1990, the successful Bidder will be required to execute a Drug Free Workplace Certificate concurrently with execution of the Agreement. The successful Bidder will be required to implement and take the affirmative measures outlined in the Drug Free Workplace Certificate and in California Government Code ''8350 et seq. Failure of the successful Bidder to comply with the measures outlined in the Drug Free Workplace Certificate and in California Government Code ''8350 et seq. may result in penalties, including without limitation, the termination of the Agreement, the suspension of any payment of the Contract Price otherwise due under the Contract Documents and/or debarment of the successful Bidder. Compliance with Immigration Reform and Control Act of The Bidder is solely and exclusively responsible for employment of individuals for the Work of the Contract in conformity with the Immigration Reform and Control Act of 1986, 8 USC ''1101 et seq. (the AIRCA"); the successful Bidder shall also require that any person or entity employing labor in connection with any of the Work of the Contract shall so similarly comply with the IRCA. Alternate Bid Proposals; Alternate Bid Item(s). If the Bid Proposal forms do not specifically call for the submittal of alternate bid(s) or bid(s) for alternate item(s) and a Bidder submits alternate bid(s) or bid(s) for alternate bid item(s), the District may deem the Bid Proposal to be non-responsive and reject the same. In the event that alternate item(s) are specifically called for in the Bid Proposal forms, any Bid Proposal which does not include bid(s) for the alternate item(s) may result in the Bid Proposal being deemed by the District to be non-responsive and rejected. In the event that bids for alternate item(s) are specifically called for in the Bid Proposal forms, the Bidder is referenced to the provisions of the Contract Documents permitting the District, during performance of the Work of the Contract Documents, to add or delete such alternate item(s) with the cost or credit (inclusive of all direct and indirect costs, supervision, overhead and profit) for such alternate item(s) shall be in the amount(s) set forth in the Bidder's Bid Proposal for such alternate items(s). Bid # Campus Center Flooring Asbestos Abatement Page 9 of 96

10 Notice of Intent to Award Contract. Following the public opening and reading of Bid Proposals, the District will issue a Notice of Intent to Award the Contract, identifying the Bidder to whom the District intends to award the Contract and the date/time/place of the District's Board of Trustees meeting at which award of the Contract will be considered. Bid Protest. Any Bidder submitting a Bid Proposal to the District may file a protest of the District's intent to award the Contract provided that each and all of the following are complied with: (1) The bid protest is in writing; (2) The bid protest is filed and received by the District's Vice President, Finance and Administrative Services not more than five (5) calendar days following the date of issuance of the District's Notice of Intent to Award the Contract; and (3) The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence. Any bid protest not conforming with the foregoing shall be rejected by the District as invalid. Provided that a bid protest is filed in strict conformity with the foregoing, the District's Vice President, Finance and Administrative Services or such individual(s) as may be designated by him/her, shall review and evaluate the basis of the bid protest. Either the District's Vice President, Finance and Administrative Services or other individual designated by him/her shall provide the bidder submitting the bid protest with a written statement concurring with or denying the bid protest. The District's Board of Trustees will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the written statement of the Vice President, Finance and Administrative Services or his/her designee. Action by the District's Board of Trustees relative to a bid protest shall be final and not subject to appeal or reconsideration by the District, any employee or officer of the District or the District's Board of Trustees. The rendition of a written statement by the Vice President, Finance and Administrative Services (or his/her designee) and action by the District's Board of Trustees to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District's intent to award the Contract, the District's disposition of any bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. Prevailing Wage Rates, Employment of Apprentices Payment of Prevailing Wage Rates. The Bidder and all potential Subcontractors shall utilize the relevant prevailing wage rate determinations in the PREVAILING WAGE SCALE established by the Director of the Department of Industrial Relations in effect on the first advertisement date of the Notice to Contractors Calling For Bids in preparing the Bid Proposal and all component price quotations. Pursuant to Labor Code , copies of these determinations are maintained at the District s Bid # Campus Center Flooring Asbestos Abatement Page 10 of 96

11 Purchasing Office located at 1000 West Foothill Boulevard, Glendora, CA 91714, and are available to any interested party upon request. Copies of rate schedules are also available on the Internet at Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of work, and employment of apprentices set forth in Article 4.21 of Section (General Conditions). Bid # Campus Center Flooring Asbestos Abatement Page 11 of 96

12 BID PROPOSAL TO: CITRUS COMMUNITY COLLEGE DISTRICT, a California Community College District, acting by and through its Board of Trustees (A District"), 1000 West Foothill Boulevard, Glendora, California FROM: (Name of Bidder) (Address) (City, State, Zip Code) (Telephone/Facsimile) (Name(s) of Bidder's Authorized Representative(s) 1. Bid Proposal 1.1 Bid Proposal Amount. Pursuant to and in compliance with the Notice to Contractors Calling for Bids, the Instructions for Bidders and the other documents relating thereto, the undersigned Bidder having reviewed the Instructions for Bidders and all other Contract Documents and, upon compliance with all requirements therein, with reference to the submittal of this Bid Proposal, hereby proposes and agrees to perform the Contract including, without limitation, all of its component parts; to perform everything required to be performed; to provide and furnish any and all of the labor, materials, tools, equipment and services necessary to perform the Contract and complete in a workmanlike manner all of the Work required for the Project described as: Bid # , Campus Center Flooring Asbestos Abatement, in accordance with the Contract Documents for the sum of: BASE BID: Furnish and install the Bid # , Campus Center Flooring Asbestos Abatement project per plans and specifications Dollars ($ ) The undersigned Bidder agrees to achieve Substantial Completion of the Work within the Contract Time set forth in the Contract Documents. 1.2 Acknowledgment of Bid Addenda. In submitting this Bid Proposal, the undersigned Bidder acknowledges receipt of all Bid Addenda issued by or on behalf of the District, as set forth below. The Bidder confirms that this Bid Proposal incorporates and is inclusive of, all items or other matters contained in Bid Addenda. No Addenda Issued (initial) Addenda Nos.,,,, and received, acknowledged (initial) and incorporated into this Bid Proposal. Bid # Campus Center Flooring Asbestos Abatement Page 12 of 96

13 1.3 Alternate Bid Items. The Bidder's price proposal(s) for Alternate Bid Items is/are set forth in the form of Alternate Bid Item Proposal included herewith. The Bidder acknowledges that its proposal(s) for Alternate Bid Item(s) will not form the basis for the District's award of the Contract. The Bidder further acknowledges that the District may, in its sole discretion, elect to include as part of the scope of work the Contract any Alternate Bid Item and in such event, the cost or credit to the District shall be as set forth in the Alternate Bid Item Proposals. Bidders must provide a price for each Alternate Bid Item identified below; failure to do so will result in rejection of the Bid Proposal for non-responsiveness. Failure to include prices for any or all items may subject a bid to disqualification as being nonresponsive. 2. Rejection of Bid; Holding Open of Bid. It is understood that the District reserves the right to reject this Bid Proposal and that this Bid Proposal shall remain open and not be withdrawn for the period of time specified in the Call for Bids. 3. Documents Accompanying Bid. The undersigned Bidder has submitted with this Bid Proposal the following: Bid Security Non-Collusion Affidavit Subcontractors List Statement of Bidder's Qualifications The Bidder acknowledges that if this Bid Proposal and the foregoing documents are not fully in compliance with applicable requirements set forth in the Call for Bids, the Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be rejected as non-responsive. 4. Award of Contract. It is understood and agreed that if written notice of the acceptance of this Bid Proposal and award of the Contract thereon is mailed, telegraphed or delivered by the District to the undersigned after the opening of Bid Proposals and within the time this Bid Proposal is required to remain open or at any time thereafter before this Bid Proposal is withdrawn, the undersigned will execute and deliver to the District the Agreement in the form attached hereto in accordance with the Bid Proposal as accepted within five (5) working days after notification of acceptance and award. Concurrently with delivery of the executed Agreement to the District, the Bidder awarded the Contract shall deliver to the District: (a) Certificates of Insurance evidencing all insurance coverages required under the Contract Documents; (b) the Performance Bond; (c) the Labor and Material Payment Bond; (d) the Certificate of Workers' Compensation Insurance; and (e) the Drug-Free Workplace Certificate. All of the foregoing shall be in conformity with applicable requirements set forth in Call for Bids, the Instructions for Bidders and in each of the foregoing Documents. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District's rescission of the award of the Contract and/or forfeiture of the Bidder's Bid Security. In such event, the District may, in its sole and exclusive discretion elect to award the Contract to the responsible Bidder submitting the next lowest Bid Proposal, or to reject all Bid Proposals. The Work under the Contract Documents shall be commenced by the undersigned Bidder, if awarded the Contract, on the date stated in the District's Notice to Proceed issued pursuant to the Contract Documents and substantial completion of the Work shall be achieved within the Contract Time specified in the Contract Documents. 5. Notices. All notices or other correspondence shall be addressed to the District and the Bidder at their respective addresses set forth herein. Notices shall be effective only if in writing and in conformity with the requirements for service of notices set forth in the Contract Documents. 6. Contractor's License. The undersigned Bidder is currently and duly licensed in accordance with the California Contractors License Law, California Business & Professions Code ''7000 et seq., under the following classification(s) bearing License Number(s), with expiration date(s) of. By executing this Bid Proposal and submitting the same to the District, the Bidder acknowledges the provisions of California Business & Professions Code ' which provides that it shall be a misdemeanor for any person to Bid # Campus Center Flooring Asbestos Abatement Page 13 of 96

14 submit a bid proposal to a public agency without having a license to perform the work of the bid proposal. By executing this Bid Proposal, the Bidder hereby certifies that: (a) it is duly licensed, in the necessary class(es), for performing the Work of the Contract Documents; (b) that such license shall be in full force and effect throughout the duration of the performance of the Work under the Contract Documents; and (c) that all Sub-contractors providing or performing any portion of the Work of the Contract Documents shall be so similarly and appropriately licensed to perform or provide such portion of the Work. 7. Designation of Subcontractors. In compliance with the Subletting and Subcontracting Fair Practices Act (California Public Contract Code ''4100, et seq.) and amendments thereof, each Bidder shall set forth in the Subcontractors List: (a) the name and location of the place of business of each Subcontractor who will perform work or labor or render services to the Bidder in or about the construction of the Work to be performed under the Contract Documents in an amount in excess of one-half of one percent (0.5%) of the Bidder's Bid Proposal; and (b) the portion of the Work which will be performed by each listed Subcontractor. The Bidder shall list only one Subcontractor for each portion of the Work as is de fined by the Bidder in its Bid Proposal. If a Bidder fails to list a Subcontractor or if the Bidder specifies more than one Subcontractor for the same portion of Work to be performed under the Contract Documents valued in excess of one-half of one percent (0.5%) of the Bidder's Bid Proposal amount, the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of the Work itself and that it shall perform that portion of the Work. 8. Confirmation of Figures. By submitting this Bid Proposal, the Bidder confirms that it has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal. 9. Acknowledgment and Confirmation. The undersigned Bidder acknowledges its receipt, review and understanding of the Drawings, the Specifications and other Contract Documents pertaining to the proposed Work. The undersigned Bidder certifies that the Contract Documents are, in its opinion, adequate, feasible and complete for providing, performing and constructing the Work in a sound and suitable manner for the use specified and intended by the Contract Documents. The undersigned Bidder certifies that it has, or has available, all necessary equipment, personnel, materials, facilities and technical and financial ability to complete the Work for the amount bid herein within the Contract Time and in accordance with the Contract Documents. (Corporate Seal) By: (Signature) (Typed or Printed Name) Title: Bid # Campus Center Flooring Asbestos Abatement Page 14 of 96

15 SUBCONTRACTORS LIST Bidder: Telephone: Address: Facsimile: Bidder's Authorized Representative(s): PROJECT: Bid # , Campus Center Flooring Asbestos Abatement TRADE OR PORTION OF THE WORK NAME OF SUBCONTRACTOR BUSINESS LOCATION OF SUBCONTRACTOR Bid # Campus Center Flooring Asbestos Abatement Page 15 of 96

16 STATEMENT OF BIDDER'S QUALIFICATIONS 1. Bidder's Organization 1.1 Form of entity of Bidder: i.e., corporation, partnership, etc If a corporation, state the following: State of Incorporation: Date of Incorporation: President/Chief Executive Officer Secretary Treasure/Chief Financial Officer If a partnership, state the following: Date of Organization Type of Partnership (general, limited) Names of all general partners; if any of the general partners are not natural persons, provide the information for each such general partner requested by Paragraphs 1.1.1, and as appropriate: If a proprietorship, state the following: Names of all proprietors: If a joint venture, state the following: Date of organization: Names of all Joint Venture members. For each Joint Venture member, identify the form of entity and provide the information requested by Paragraphs 1.1.1, and for each Joint Venture member as appropriate: If Bidder s form of entity or organization and identify all principals or owners of equity in the entity or organization: 1.2 Number of years your organization has been in business as a contractor: 1.3 Number of years your organization has conducted business under its present name: If your organization has conducted business under a name or name style different than your organization's present name, identify all prior name(s) or name styles: Bid # Campus Center Flooring Asbestos Abatement Page 16 of 96